These terms and conditions were last updated in January 2022
1. System Availability Level Delenta will maintain a target Service Availability Level of 99.9% during each calendar year. Definitions:
“Calendar Year” means twelve-month periods: January 1 through December 31.
“Downtime” means the time in minutes that the Service is not available to Customer. Downtime does not cover trial, proof of concept, and “sandbox” versions of the Service or periods when the Service may not be available due to: (i) Platform Maintenance; (ii) a failure or defect arising out of Third Party Services; or (iii) Delenta’s failure to fulfill its obligations due to causes beyond its control. Delenta measures Downtime based on server-side error rate. “Service Availability Level” means the percentage of total possible minutes the Service was available to Customer during a calendar year and is calculated according to the following formula: [(Actual Availability divided by Total Scheduled Availability) multiplied by 100%] “Platform Maintenance” means the time in minutes that the Service is not accessible due to maintenance of the Delenta web or mobile applications, including for maintenance and upgrading of the software and hardware used by Delenta to provide the Service where Delenta provides notice as set forth in this Addendum. Platform Maintenance includes scheduled maintenance and unscheduled, emergency maintenance requiring prompt action to protect the integrity and/or security of Customer Data, Confidential Information, or the Service. Delenta will use commercially reasonable efforts to provide Customer with notice as set forth in the Agreement at least three (3) days prior to any scheduled maintenance and at least sixty (60) minutes’ prior to any unscheduled, emergency maintenance. Service Maintenance will not exceed 720 minutes per Calendar and Delenta will endeavor to perform such Service Maintenance between the hours of 10:00 PM and 4:00 AM (Pacific Time). 2. Customer Support Response Time Delenta will respond to Customer support inquiries filed via Delenta’s live chat within two (2) business hours of receipt of such inquiry (excluding US, and UK holidays). Delenta’s ability to provide support depends on Customer’s provision of a support inquiry on live chat system when they submit their inquiry, Customer’s compliance with the Agreement, Customer’s provision of accurate and detailed information sufficient for Delenta to reproduce the reported error, and Customer’s response to Delenta communications in a timely manner. Delenta is not obligated to provide support for issues related to network unavailability due to reasons beyond its control such as emergency updates to address security, privacy, legal, regulatory, or third party hardware or software issues not reasonably foreseeable by Delenta or within Delenta’s control. Delenta is also not responsible for configuring or diagnosing problems in any other part of Customer’s technical infrastructure. Delenta reserves the right to update its support policies from time to time, provided that no such update will materially and adversely diminish Customer’s rights to support as provided in this Addendum. Professional Services or other requests for assistance in deploying or enabling the Service are not included within the scope of Delenta’s support under the Agreement. 3. Service Level Agreement Exclusions
We will be relieved of our responsibilities and obligations outlined in this SLA (a) any improper use, misuse or unauthorised alteration of the Delenta Service by you;
(b) any use of the Delenta service in a manner inconsistent with the then-current Documentation;
(c) any failure by you to: i. maintain Internet connectivity to the extent necessary to prevent network performance degradation; or ii. maintain an Internet connection with adequate bandwidth to access and use the Delenta Service; or
(d) any factors outside our reasonable control including, without limitation, ‘distributed disruption of service’ attacks, any force majeure event and any internet access/connectivity related problems;
(e) scheduled maintenance, where we have notified you in advance via the Delenta platform.